Staff Report/Public HearingREPORT TO:
FROM:
SUBJECT:
City of KalIsnell
Post Office Sox 1997 Kalispell. ,Montana 59903-1997 • Telephone 406, 758-7700 • FAX ,406) 758-7758
The Honorable Mayor Boharski and City Council
Susan Moyer, Community Development
Chris A. Kukulski, City Manager
Public Hearing on Section 36 Memorandum of Understanding
(MOU) Process
MEETING DATE: April 17, 2000
BACKGROUND: The Department of Natural Resources and Conservation (D\RC)
created a Neighborhood Plan (Land use plan) for all but
approximately 20 acres of Section 36 that is state-owned and
managed as school trust land. The Neighborhood Plan was
adopted by City Council on June 7, 1999 by Resolution No. 4480.
A policy statement that "a Memorandum of Agreement shall be
sought with the affected governing bodies to ensure state
compliance with the adopted zoning regulations" was incorporated
into that Plan. Further, the State Board of Land Commissioners, in
response to concerns by Citizens For A Better Flathead, directed
the Department of Natural Resources and ConserNation (DtiRC) to
draft a MOU laying out a broad framework to address the issues of
a master plan, zoning, subdivision review, and MEPA.
Attached is the draft of the MOU as prepared by DNRC. City
staffs recommendations for change to the MOU are indicated in
bold and underlined. The proposed changes would account for the
City of Kalispell to have input on any acceptance of proposals for
the development of the State lands and that DNRC will require any
lessee on these lands to abide by Section 15-24-1203, MCA
"Privilege tax on industrial, trade or other business use of tax
exempt property."
RECOMMENDATION: Staff is proposing that Council take action to authorize the Mayor
to sign the MOU after incorporation of the proposed changes. This
action will enable DNRC to move forward with implementing the
Neighborhood Plan and future annexation and zoning of this
section of State Lands.
FISCAL IMPACT: As yet to be determined.
ALTERNATIVES: As suggested by council.
00- A,
Susan Moyer, Director Chris A. Kukulski,
Community Development City Manager
Report Compiled: April 7, 2000
Attachments: 4/7/00 Memo from DNTtC regarding format for soliciting for Special Lease
Proposals
3/23/00 Memo from DN"RC on Section 36 MOU Process
Review Draft of MOL Indicating Proposed Changes
DNRC Neighborhood Plan for Section 36